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B.C. Reg. 236/90
O.C. 1113/90
Deposited July 30, 1990
This consolidation is current to November 21, 2017.
Link to Point in Time

Farming and Fishing Industries Development Act

Grain Industry
Development Fund Regulation

[includes amendments up to B.C. Reg. 155/2017, August 1, 2017]

Interpretation

1  In this regulation:

"council" means the British Columbia Peace River Grain Industry Development Council continued under the Farming and Fishing Industries Development Act;

"first receiver" means any person who receives grain from, or on behalf of, a grain producer for the purpose of packing, grading, storing, shipping, selling, distributing, processing or feeding;

"grain" includes all grains, oilseeds, forage seeds and pulse crops grown by a grain producer within the Peace River Regional District;

"grain producer" means a person who grows grain.

[am. B.C. Regs. 112/2014, App. s. 6; 154/2017, Sch. s. 1.]

Part 1 — Lieutenant Governor in Council's Regulation

Levy

2  (1) and (2) Repealed. [B.C. Reg. 162/2004.]

(3) The grain producer shall pay the levy to the first receiver when the grain is delivered to the first receiver.

(4) The first receiver shall act as the agent of the council in collecting the levy and shall

(a) deduct the levy from the proceeds otherwise due to the grain producer for the delivered grain, and

(b) pay to the council the amount collected for the levy less any collection fees agreed upon between the first receiver and the council.

(5) A first receiver who collects a levy must do both of the following:

(a) keep records respecting the collection of a levy under this section for at least 2 years after the date the levy must be remitted to the council;

(b) make the records referred to in paragraph (a) available for inspection under section 6 of the Act.

[am. B.C. Regs. 162/2004; 154/2017, Sch. s. 3.]

Refunds permitted

3  (1) For the purposes of section 5 of the Act, a refund of a levy is permitted in the amount calculated in accordance with subsection (2) of this section.

(2) The council must refund to a grain producer an amount equalling the amount of the levy less the sum of the collection fees referred to in section 2 (4) of this regulation.

[en. B.C. Reg. 154/2017, Sch. s. 4.]

Part 2 — Minister's Regulation

Application for refund

4  A refund is payable on receipt by the council of

(a) an application from a grain producer in accordance with section 5 of the Act, and

(b) verification of the payment of a levy by the grain producer in accordance with section 2 (3) of this regulation in the form of copies of bills of sale or other information approved by the council.

[en. B.C. Reg. 155/2017.]

[Provisions relevant to the enactment of this regulation: Farming and Fishing Industries Development Act, R.S.B.C. 1996, c. 134, sections 5 and 10]